Dismissed¶62

Sri. Suresha v. the Deputy Registrar

Karnataka HC3 Mar 2026WP/20351/2022

Case brief

AI extract

What is this about?

Karnataka High Court writ petitions dismissed; co-operative society; disqualification of Director; defaulter to the society; S.29-C Karnataka Co-Operative Societies Act 1959; Deputy Registrar appellate order; Assistant Registrar disqualification order; five-year disbarment from directorship; Primary Agriculture Credit Co-operative Society Ltd. Kikkeri, K.R. Pet Taluk, Mandya; Articles 226 and 227 Constitution of India; quash appeal orders DRY/DAP/01/2022-23 and DRY/DAP/12/2021-22; no interference called for; transparency and accountability; pending applications do not survive.

What did the court decide?

Following the language of S.29-C of the Karnataka Co-Operative Societies Act, 1959, under which no person is eligible to be elected, appointed or continued as a Member of the Board of any Co-operative Society if he is a defaulter to the society.

Sri. Suresha Vs the Deputy Registrar — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the appellate orders dated 27.09.2022 (Appeal No.DRY/DAP/01/2022-2023) and 30.09.2022 (Appeal No.DRY/DAP/12/2021-2022) passed by respondent No.1, together with the consequential disqualification orders dated 14.03.2022 passed by respondent No.2 treating the petitioners as defaulters during their tenure as Directors (30.11.2020 to 31.09.2021) and disqualifying them for five years from the Directorship of the Society, call for interference under Articles 226 and 227 of the Constitution of India.

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Court's answer

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Ratio / Principle

Considering that the object and intent of S.29-C is to ensure transparency and accountability in financial transactions, the court was of the view that no interference is called for in these writ petitions.

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Key takeaways

The orders passed by the respondent authority in Appeal No.DRY/DAP/01/2022-23 dated 27.09.2022 and in Appeal No.DRY/DAP/12/2021-22 dated 30.09.2022, and the consequential orders dated 14.03.2022, are just and proper and do not call for any interference.ratio¶60

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Justice E.S. Indiresh), W.P. Nos. 20351/2022 and 20352/2022 (CS-RES), disposed on 03.03.2026: both writ petitions DISMISSED. Two Directors of the Primary Agriculture Credit Co-operative Society Ltd., Kikkeri (Sri. Suresh and Sri. K.B. Shekar) filed writ petitions under Articles 226 and 227 of the Constitution of India challenging (i) the appellate orders of respondent No.1 (Deputy Registrar) dated 27.09.2022 in Appeal No.DRY/DAP/01/2022-2023 and dated 30.09.2022 in Appeal No.DRY/DAP/12/2021-2022 (Annexure-K), and (ii) consequently the original orders dated 14.03.2022 (Nos.AR40/VYAJYA/PRA/29(C)02/2021-22 and 29(C)03/2021-22) of respondent No.2 (Assistant Registrar) disqualifying them for five years from the Directorship of the Society (Annexure-G), having been found defaulters during their tenure as Directors between 30.11.2020 and 31.09.2021. Applying S.29-C of the Karnataka Co-Operative Societies Act, 1959 - which renders a defaulter to the society ineligible for election, appointment or continuance as a Member of the Board - and noting the provision's object of ensuring transparency and accountability in financial transactions, the court held the impugned orders and the consequential orders just and proper; no interference was called for. Pending applications, if any, do not survive for consideration. No precedents were cited.

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NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.20351 OF 2022 (CS-RES)

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C/W

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WRIT PETITION NO.20352 OF 2022 (CS-RES)

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IN WP No. 20351/2022

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BETWEEN:

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SRI. SURESHA S/O LATE K S ANNEGOWDA AGED ABOUT 55 YEARS DIRECTOR OF PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. KIKKERI, KIKKERI VILLAGE AND HOBLI K R PET TALUK MANDYA DISTRICT-571 423.

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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(BY SMT. AMBIKA M., ADVOCATE)

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AND:

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&PETITIONER

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THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES SUBHASH NAGAR 1^ST CROSS MANDYA-573201.

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THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES

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NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022

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HC-KAR

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PANDAVAPURA SUB DIVISION, PANDAVAPURA TOWN AND TALUK MANDYA DISTRICT-571434.

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THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD KIKKERI, KIKKERI VILLAGE AND HOBLI K.R. PET TALUK MANDYA DISTRICT-571423.

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&RESPONDENTS

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(BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 & R2; R3 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE RESPONDENT NO.1 PASSED IN APPEAL NO.DRY/DAP/01/2022-2023 DATED 27.09.2022 AND CONSEQUENTLY QUASH THE ORDER IN NO.AR40/VYAJYA/PRA/ 29(C)02/2021-22 DATED 14.03.2022 PASSED BY THE RESPONDENT NO.2 DISQUALIFYING THE PETITIONER FOR A PERIOD OF 5 YEARS FROM THE DIRECTORSHIP OF THE SOCIETY, VIDE ANNEXURE-K AND G RESPECTIVELY AS VOID, ILLEGAL, CAPRICIOUS AND UNCONSTITUTIONAL.

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IN WP NO. 20352/2022

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BETWEEN:

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SRI. K.B. SHEKHAR S/O BHADREGOWDA, AGED ABOUT 40 YEARS, DIRECTOR OF PRIMARY AGRICULTURE CREDIT

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3 - NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022

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HC-KAR

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CO-OPERATIVE SOCIETY LTD., KIKKERI, KIKKERI VILLAGE AND HOBLI, K.R. PET TALUK, MANDYA DISTRICT-571423.

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...PETITIONER

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(BY SMT. AMBIKA M., ADVOCATE)

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AND:

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THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES SUBHASH NAGAR, I CROSS, MANDYA-573201.

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THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES PANDAVAPURA SUB DIVISION, PANDAVAPURA TOWN AND TALUK, MANDYA DISTRICT-571434.

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THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., KIKKERI, KIKKERI VILLAGE AND HOBLI, K R PET TALUK, MANDYA DISTRICT-571423.

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...RESPONDENTS

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(BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 & R2; R3 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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4 - NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022

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HC-KAR

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QUASH THE ORDER OF THE RESPONDENT NO.1 PASSED IN APPEAL NO.DRY/DAP/12/2021-2022 DATED 30.09.2022 AND CONSEQUENTLY QUASH THE ORDER IN NO.AR40/ VYAJYA/PRA/29(C)03/2021-22 DATED 14.03.2022 PASSED BY THE RESPONDENT NO.2 DISQUALIFYING THE PETITIONER FOR A PERIOD OF 5 YEARS FROM THE DIRECTORSHIP OF THE SOCIETY, VIDE ANNEXURE-K AND G RESPECTIVELY AS VOID, ILLEGAL, CAPRICIOUS AND UNCONSTITUTIONAL.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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In W.P. No.20351/2022, petitioner is praying to quash the order dated 27.09.2022 in Appeal No.DRY/DAP/01/2022-23 passed by respondent No.1 and consequently quash the order dated 14.03.2022 passed by respondent No.2 disqualifying the petitioner for a period of five years from the Directorship of the Society, as per Annexures - K and G respectively.

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5 - NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022

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HC-KAR

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In W.P. No.20352/2022, petitioner is praying to quash the order dated 30.09.2022 in Appeal No.DRY/DAP/12/2021-22 passed by respondent No.1 and consequentially quash the order dated 14.03.2022 passed by respondent No.2 disqualifying the petitioner for a period of five years from the Directorship of the Society, as per Annexures - K and G respectively.

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In this regard, I have carefully considered the impugned orders dated 27.09.2022 and 30.09.2022 (Annexure-K in both Writ Petitions), wherein, the respondent - authorities have taken a decision that the petitioners were defaulters between 30.11.2020 to 31.09.2021 during their tenure as Directors of the respondent - Society.

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In that view of the matter, following the language employed under S.29-C of the Karnataka Co-Operative Societies Act, 1959, wherein it stipulates that no person shall be eligible for being elected, appointed or continued as a Member of the Board of any Co-operative Society, if he is a defaulter to the society and that apart, considering the object and intent of the said provision is to ensure transparency and

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6 - NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022

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HC-KAR

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accountability in financial transactions, I am of the view that,

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no interference is called for in these Writ Petitions.

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Accordingly, the orders passed by the respondent - authority in Appeal No. DRY/DAP/01/2022-23 dated 27.09.2022 and in Appeal No.DRY/DAP/12/2021-22 dated 30.09.2022 and the consequential orders dated 14.03.2022 are

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just and proper which do not call for any interference in these Writ Petitions.

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